What is the test for federal habeas corpus relief under AEDPA?

MultiRegion, United States of America

The following excerpt is from Semien v. Jacquez, No. CIV S-09-CV-1912 GEB CHS P (E.D. Cal. 2011):

Constitution or laws of the United States. 28 U.S.C. 2254(a); Williams v. Taylor, 529 U.S. 362, 375 n. 7 (2000). Federal habeas corpus relief is not available for any claim decided on the merits in state court proceedings unless the state court's adjudication of the claim:

28 U.S.C. 2254(d). Although "AEDPA does not require a federal habeas court to adopt any one methodology," there are certain principles which guide its application. Lockyer v. Andrade, 538 U.S. 63, 71 (2003)

Other Questions


Can a federal court grant relief under Section 2254 or Section 2255 of the US Constitution for the purposes of habeas corpus relief on the basis that evidence obtained in an unconstitutional search or seizure was introduced at a state or federal trial? (MultiRegion, United States of America)
Can a claim for federal habeas corpus relief be made against a determination of state law that violates federal due process rights? (MultiRegion, United States of America)
Does the doctrine of federal habeas corpus relief lie for errors of state law? (MultiRegion, United States of America)
Does denial of the right to allocution warrant federal relief by the writ of habeas corpus? (MultiRegion, United States of America)
What is the test for post-conviction relief in the context of federal habeas corpus? (MultiRegion, United States of America)
Can a federal habeas corpus relief be sought against a state? (MultiRegion, United States of America)
Is a violation of the state evidence rule sufficient to grant federal habeas corpus relief? (MultiRegion, United States of America)
Is a federal sentencing error under state law an actionable in federal habeas corpus? (MultiRegion, United States of America)
What is the test for habeas corpus relief under AEDPA? (MultiRegion, United States of America)
Is there a need for a plenary hearing to determine whether a prisoner is entitled to no relief in a federal habeas corpus proceeding? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.